William E. Weber, as Guardian ad litem for Baby Jane Doe v. Stony Brook Hospital, 60 N.Y.2d 208 (1983)

CASE: Stranger tries to get parental rights terminated.

FACTS: Parents of child born with spina bifida and serious complicating disorders elected to adopt a conservative course for her medical treatment. A resident of another state, with no disclosed connection with the parents or the family, set in motion the a neglect proceeding. A guardian was appointed, who pressed the court for an order authorizing surgery to override the judgment of the parents; appellate division dismissed the petition.

QUESTION: Whether a person who has no disclosed connection to a family or to a child may petition the court to authorize surgery to override the judgment of the parents.

COURT SAYS: Affirm Appellate Division.

HOLDING: The Supreme Court erred in initiating a child neglect proceeding to authorize a surgery for a child suffering from spina bifida against the wishes of the parents where the proceeding was brought at the behest of a third party with no disclosed connection to the child or to the family, contrary to a state law which limits the initiation of such a proceeding to a child protective agency or a person on the court's direction.

RATIONALE:

• Ruling otherwise would be to catapult any random person into the very heart of a family circle, there to challenge the most private and most precious responsibility vested in the parents for the care and nurture of their children.

  
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